Klimpel v. Hayko
North Dakota Supreme Court
From a judgment of the District Court of Ward County, Leighton, J. defendant appeals. “One who relies upon an express contract, must prove a substantial compliance with the contract before he can recover at all.” Ball v. Dolan (S. D.) 101 N. W. 719. Where defects pervade the whole building’, the contractor cannot recover on the theory that he has substantially complied with the contract.
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From a judgment of the District Court of Ward County, Leighton, J. defendant appeals. “One who relies upon an express contract, must prove a substantial compliance with the contract before he can recover at all.” Ball v. Dolan (S. D.) 101 N. W. 719. Where defects pervade the whole building’, the contractor cannot recover on the theory that he has substantially complied with the contract. Braseth v. First State Bank, 12 N. D. 486, 98 N. W. 79. The work must be beneficial before it can be held that a contract has been substantially performed. 9 Cyc. 602. One cannot sue on a contract and recover…
1Opinion of the CourtChristianson, J.
The plaintiff instituted this action to recover $541.75 and interest from September 16, 1919, which he alleges is due to him for threshing defendant’s gTain in the fall of 1919; and also to foreclose a thresher’s lien filed by the plaintiff. The complaint alleges that the defendant is the owner of certain real property situated in Ward county in this state, and that he fanned the same in the year 1919; that during that year the defendant employed the plaintiff *418as the owner of a threshing machine to thresh the 1919 crop on said premises for the agreed price of $25 per hour; that the plaintiff…
2Cases cited14 opinions
- Christianson v. Farmers' Warehouse Ass'nNorth Dakota Supreme Court · 1896
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Morton Brick & Tile Co. v. SodergrenSupreme Court of Minnesota · 1915
- Ugland v. Farmers & Merchants' State BankNorth Dakota Supreme Court · 1912
- La Duke v. MelinNorth Dakota Supreme Court · 1920
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3Cited by2 opinions
- Nordby v. SagenNorth Dakota Supreme Court · 1934
- Thede v. RuschNorth Dakota Supreme Court · 1934